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MALLETT & SON (ANTIQUES) (AM.), LTD. v. ACME VAN CO., INC.

51 A.D.2d 698 (1976)

Mallett & Son (Antiques) (America), Ltd., Respondent, v. Acme Van Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 10, 1976

Respondent shall recover of appellants one bill of $60 costs and disbursements of these appeals.

Silverman, J., dissents in the following memorandum:

I think there are triable issues of fact as to (a) whether there was a valid contract for limitation of liability and (b) as to the amount of damages. As to (a), there are questions as to when the property was delivered to the warehouseman in relation to the date of the warehouse receipt; whether...

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